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Utterly Disgusted at this lawyers final comment

(18 posts)
  • Started 11 years ago by ARobComp
  • Latest reply from Charterhall

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  1. ARobComp
    Member

    Woman overtakes one set of cyclists failing to see other cyclists coming. The rear cyclist for whatever reason loses control and falls and dies. Henley Standard report fairly thorough http://www.henleystandard.co.uk/news/news.php?id=1354657
    Woman found not guilty.
    Just the final statement is absolutely disgusting.

    "Summing up, Mr Fielding said: “Ben Pontin said it was a stupid decision to overtake. It was nowhere near as stupid as Mr Pontin’s decision to put Denisa Perinova on that bike in the first place.

    “He ought not to have been so reckless with the life of his young girlfriend and he failed with terrible consequences.”

    Posted 11 years ago #
  2. Stickman
    Member

    That beggars belief.

    I know lawyers are "just doing their job" but it seems a lot of them leave their humanity at the door when they start work.

    Posted 11 years ago #
  3. ARobComp
    Member

    Yep. I'm still surprised its not bigger news.

    Posted 11 years ago #
  4. Uberuce
    Member

    We're in the business of putting women on bikes? I suppose that makes sense; their ovaries would overheat if they just decided to do it.

    Posted 11 years ago #
  5. Min
    Member

    Dr Measures, a mother-of-four, had been returning from a trip to Toad Hall garden centre

    Is this whole article some sort of joke?

    Posted 11 years ago #
  6. Cyclingmollie
    Member

    That's so bad on so many levels.

    Posted 11 years ago #
  7. The news report is, for once, pretty detailed on the descriptions of what happened. Or at least the alternative versions. Maybe there was enough space, and it's a tragic accident that the girl fell straight in front of the car. Maybe the cyclist's explanation of only having two feet of space was correct. I guess we'll never really know. Though some things give indications. Primarily the description of what might have caused the girl to fall (i.e. that her boyfriend had braked and moved, and their wheels had touched, throwing her off - now would he have braked and moved if he felt comfortable that there was space for the car?).

    But what really gets me annoyed about this (over and above the crass comments of the lawyer, for once I'm not going to defend someone as 'just doing his job', his comments are ridiculous in the extreme, placing blame on an entirely innocent party who, let's face it, probably already feels devastated about this) are two commetns from the driver.

    Firstly, she says that she was driving with due care and attention; but also says that she didn't see the cyclists coming the other way, and didn't know where they'd come from. Now if you're driving with due care and attention I would have thought you'd spot a couple of cyclists coming the other way surely?

    And secondly, she states there was enough space to complete the overtake; but also states that if she'd seen the cyclists she wouldn't have tried the overtake. Erm, if there was enough space then why would you not attempt the overtake if you'd seen the cyclists?

    Those two items, for me, cast serious doubt on the testimony.

    Posted 11 years ago #
  8. ARobComp
    Member

    Open letter from the parents of the cyclist which makes a lot of interesting accusations.
    1) They were at no point allowed to talk about the experience of the cyclist daughter (she WAS experienced)
    2) The moral character of the defendant seemed to be more important than facts
    3) passengers were not called as witnesses.

    Another evident travesty.

    http://www.henleystandard.co.uk/news/news.php?id=1363185

    Posted 11 years ago #
  9. paul.mag
    Member

    what a moving letter and a shocking indictment on the way our legal system views cyclists being killed by motorists

    Posted 11 years ago #
  10. amir
    Member

    That's so sad. I ashamed of the justice system in this country. We also need the licencing system to fully reflect the hazards and responsibility of driving.

    Posted 11 years ago #
  11. algo
    Member

    This is incredibly sad - I hadn't seen this before. This appears to be a complete travesty, and along with the McCourt judgement shows how the prejudice that cyclists are solely responsible for their own safety seems to pervade every level of the legal system.

    Posted 11 years ago #
  12. minus six
    Member

    "The world seems to be upside down"

    Posted 11 years ago #
  13. Dave
    Member

    Some of the details make me wonder about the integrity of the trial process.

    You have a driver who admits going into the oncoming lane and hitting someone coming the other way, who dies. Given the driver's own admission, as a juror I can't imagine acquitting.

    Then you discover that the jury didn't hear from anyone on behalf of the victim, or even anyone acting in the capacity of a road expert on their behalf, but was given an amazing *twelve* undoubtedly glowing character references for the accused just before considering their verdict.

    Combined with a summing up speech that placed the blame the victim for being in the wrong place at the wrong time, was the trial process systemically biased towards acquittal?

    Posted 11 years ago #
  14. i
    Member

    "for being in the wrong place at the wrong time"

    You mean for being in the right place at the wrong time?

    Posted 11 years ago #
  15. PS
    Member

    The use of character witnesses lays bare the principal defence tactic for getting people off charges arising from killing people with their cars - never mind the facts or how careless the driving might have been, just tell the jury it could happen to anyone. There but for the grace of God and all that.

    Posted 11 years ago #
  16. Darkerside
    Member

    I'd deliberately been avoiding this thread as the bile within that lawyer's closing statement was so hideous. However, I'm glad I read Denisa's parents' letter - everyone deserves to be more than just a death, and they give the human side that the British media is so desparate to overlook in its sanitising of car crashes.

    I've gathered my thoughts on the entire sorry trial business here:

    http://www.darkerside.org/2013/10/helen-measures-and-the-death-of-denisa/

    Posted 11 years ago #
  17. amir
    Member

    From YACF:

    "I think that it should have been arranged for the Judge, counsels, and each member of the jury in turn to stand in the road while a car drives past within two feet at 50-60mph."

    Posted 11 years ago #
  18. Charterhall
    Member

    Appalling. Another one.

    Posted 11 years ago #

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